Why Your Prenuptial Agreement May Not Be Valid

Why Your Prenuptial Agreement May Not Be Valid

Posted By
Law Office of Russell S. Hershkowitz, L.L.C.

A prenup is a great way to protect yourself and your assets in the event of a divorce. However, they must be done correctly if you want them to be valid in Florida. Let’s take a quick look at some of the top reasons why a prenuptial agreement may be invalid.

No written agreement: If a prenuptial agreement is not on paper, it cannot be enforceable. A verbal agreement would not work.

Not properly executed: You and your spouse must sign a prenuptial agreement before the wedding for it to be considered valid.

Unlawful pressure: If one spouse was forced to sign an agreement, it may not be valid. Additionally, if your spouse threw a bunch of papers in front of you and asked you to sign it quickly without you reading it, it may not be enforceable. A prospective spouse must have time to review a prenuptial agreement.

Invalid provisions: A prenuptial agreement can in no way modify child support obligations. If a prenup includes an illegal provision such as this, it could make the whole thing invalid.

False information: Before a prenup is signed, income, assets and liabilities must be disclosed. If one spouse lies about this information, and then signs a prenup, it may not be valid.

Incomplete: Without pertinent information, it could render a prenup agreement unenforceable.

Improper legal representation: Both parties to a prenup should have separate and independent counsel. If you signed something that your spouse or their family drew up, this could make an agreement invalid. Signing a contract without legal representation is never a good idea.

Unconscionable: The court may rule a prenuptial agreement invalid if it determines that it is “unconscionable," which means that the agreement is so unfair that it would be illegal to enforce it.

Prenuptial agreements are complex, so you should know what you’re getting yourself into before drafting and signing one. At the Law Office of Russell S. Hershkowitz, L.L.C., our Altamonte Springs family law attorney can ensure that your prenup meets all of the requirements of a legally binding contract. To get started, call our firm at (407) 753-4111 or contact us online for a free consultation today.